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1. Definitions and Interpretation
In this Agreement the following terms must have the following meanings:
“Agreement” means the Agreement (Application form together with these Terms and Conditions) made between HDA and the User in relation to the use of this website;
“Account” means collectively the personal information, Payment Information and credentials used by you to access Paid Content and/or any communications System on the Website;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Facilities” means collectively any online facilities, tools, services or information that HDA makes available through the Website either now or in the future;
“HDA” means HDA Rockcellence Ltd., whose main office and address for service of legal documents is, Šmartinska cesta 152, 1000 Ljubljana, Slovenia, EU;
“Services” means the services available to you through this Website, specifically use of the HDA proprietary e-learning platform;
“Payment Information" means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes;
“System” means any online communications infrastructure that HDA makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” means any third party that accesses the Website and is not employed by HDA and acting in the course of their employment (also used “you/your”); and
“Website” means the website that you are currently using (https://abc-businessacademy.learnworlds.com/) and any sub-domains of this site (e.g. subdomain.yourschool.com) unless expressly excluded by their own terms and conditions.
2. Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms and Conditions also apply to customers procuring Services in the course of business.
4. Intellectual Property
4.1 Subject to the exceptions in Article 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by you, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of HDA, Our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable Slovenian intellectual property and other laws.
4.2 Subject to Article 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
5. Third Party Intellectual Property
5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
5.2 Subject to Article 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
6. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Subsection 2 of the Section 4 of the Chapter II of the Copyright and Related Rights Act (Zakon o avtorskih in sorodnih pravicah – ZASP Official Gazette No 16/07 as subsequently amended) apply.
7. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of HDA or that of HDA’s affiliates. HDA assumes no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site https://abc-businessacademy.learnworlds.com/ without HDA’s prior permission. Deep linking (i.e. links to specific pages within the site) requires HDA’s express written permission. To find out more please contact HDA by email at email@example.com.
9. Use of Communications Facilities
9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
a) You must not use obscene or vulgar language;
b) You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
c) You must not submit Content that is intended to promote or incite violence;
d) It is advised that submissions are made using the English language as HDA may be unable to respond to enquiries submitted in any other languages;
e) The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
f) You must not impersonate other people, particularly employees and representatives of HDA or HDA’s affiliates; and
g) You must not use HDA’s System for unauthorised mass-communication such as "spam" or "junk mail".
9.2 You acknowledge that HDA reserves the right to monitor any and all communications made to HDA or using HDA’s System.
9.3 You acknowledge that HDA may retain copies of any and all communications made to HDA or using HDA’s System.
9.4 You acknowledge that any information you send to HDA through HDA’s System may be modified by HDA in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon HDA’s use of such information must be communicated to HDA in advance and HDA reserves the right to reject such terms and associated information.
10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as HDA may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
a) all information you submit is accurate and truthful;
b) you have permission to submit Payment Information where permission may be required; and
c) you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
10.2 It is recommended that you do not share your Account details, particularly your username and password. HDA accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact HDA immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying HDA of the unauthorised nature of the order or payment then you must be charged for the period from the commencement of the provision of services until the date you notified HDA and may be charged for a billing cycle of one month.
10.4 When choosing your username, you are required to adhere to the terms set out above in Article 9. Any failure to do so could result in the suspension and/or deletion of your Account.
11. Termination and Cancellation of Accounts
11.1 Either HDA or you may terminate your Account. If HDA terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, HDA reserves the right to terminate without giving reasons.
11.2 If HDA terminates your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
12. Services, Pricing and Availability
12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from HDA correspond to the actual Services that will be provided to you, HDA is not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude HDA’s liability for mistakes due to negligence on HDA’s part and refers only to variations of the correct Services, not different Services altogether. Please refer to Paragraph 8 of the Article 13 for incorrect Services.
12.2 Where appropriate, you may be required to select the required Plan of Services.
12.3 HDA neither represents nor warrants that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
12.4 All pricing information on the Website is correct at the time of going online. HDA reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
12.5 In the event that prices are changed during the period between an order being placed for Services and HDA processing that order and taking payment, then the price that was valid at the time of the order must be used.
12.6 All prices on the Website include VAT. HDA is VAT registered company, it’s tax number SI 27885950.
13. Orders and Provision of Services
13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that HDA may, at HDA’s sole discretion, accept. HDA’s acceptance is indicated by HDA sending to you an order confirmation email. Only once HDA has sent you an order confirmation email will there be a binding contract between HDA and you.
13.2 Order confirmations under Paragraph 1 of the Article 13 will be sent to you before the Services begin and must contain the following information:
a) Confirmation of the Services ordered including full details of the main characteristics of those Services;
b) Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
c) Relevant times and dates for the provision of the Services;
d) User credentials and relevant information for accessing those services.
13.3 If HDA, for any reason, do not accept your order, no payment must be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
13.4 Payment for the Services must be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
13.5 HDA aims to fulfil your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If HDA cannot fulfil your Order within a reasonable period, HDA will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Agreement, which means HDA will aim to fulfil your Order within any agreed timescales but this is not an essential term of the Agreement and HDA will not be liable to you if HDA does not do so. If the Services are to begin within 14 calendar days of HDA’s acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Article 14, will be affected.
13.6 HDA must use all HDA’s reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact HDA immediately to inform HDA of the mistake. HDA will ensure that any necessary corrections are made within five (5) working days. Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
13.8 You explicitly agree that you will make arrangements with your home institution on your own in order to be granted for credit (ECTS credits) for the passing of the program. HDA provides all the necessary documents that each participant needs in order to pass the program. HDA provides all the necessary documents that each participant neds in order for the program to be recognized with ECTS credits. ECTS credits are optional and must be applied for before the commencement of the online program. HDA will charge additional fee, should you apply for the ECTS credits.
13.9 HDA provides technical support via our online support forum. HDA makes any effort possible to respond to support requests within 3 hours during European business hours (9am to 5pm ECT), but HDA does not guarantee a particular response time.
13.9 You explicitly agree that you will make arrangements with your home institution on your own in order to be granted for credit (ECTS credits) for the passing of the program. HDA provides all the necessary documents that each participant needs in order to pass the program. HDA provides all the necessary documents that each participant neds in order for the program to be recognized with ECTS credits. ECTS credits are optional and must be applied for before the commencement of the online program. HDA will charge additional fee, should you apply for the ECTS credits.
14. Cancellation of Orders and Services
HDA wants you to be completely satisfied with the Products or Services you order from HDA. If you need to speak to HDA about your Order, then please contact customer care by email at firstname.lastname@example.org or write to us at HDA’s address (see section 1 above). You may cancel an Order that HDA has accepted or cancel the Agreement. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.
14.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the Agreement between HDA and you are formed and ends at the end of 30 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform HDA immediately using the following email: email@example.com. Your right to cancel during the cooling off period is subject to the provisions of Paragraph 2 of the Article 14.
14.2 As specified in Paragraph 6 of the Article 13, if the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 30 calendar day cooling off period you acknowledge and agree to the following:
a) If the Services are fully performed within the 30 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
b) If you cancel the Services after any of the provisions have begun but the course is not yet complete you can still cancel the Agreement. In such an instance the full amount will be returned . Sums that have already been paid for the Services must be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 30 working days and in any event no later than 90 calendar days after you inform HDA that you wish to cancel. HDA holds the right to issue a refund for the amount reduced for banking or Paypal fees.
14.3 Cancellation of Services after the 30 calendar day cooling off period has elapsed must be subject to the specific terms governing those Services and may be subject to a minimum Agreement duration.
16. How HDA Uses Your Personal Information (Data Protection)
16.1 All personal information that HDA may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
16.2 Information regarding data controller (HDA) and causes for which data will be used:
a) Controller of the provided data is HDA Rockcellence Ltd., whose main office and address for service of legal documents is, Šmartinska cesta 152, 1000 Ljubljana, Slovenia, EU. Representative of the company for the purposes of the data protection is David Aleš, the Director of HDA and can be contacted on the following email: firstname.lastname@example.org;
b) Controller of the provided data appointed Jaka Rogelj as the Data Protection Officer and can be contacted on the following email: email@example.com;
c) Provided data are used for student identification, optimization of programs and future marketing of HDA’s program;
d) When you wish to purchase Services on credit, HDA may pass your personal information on to credit reference agencies, Agencies are also bound by the General Data Protection Regulation form paragraph 1 of Article 16;
e) Legal basis for the collection of the data is this Agreement;
f) Recipient of the personal data is HDBV, in an event, that you opt in for the ECTS credits upon successful conclusion of the program, HDBW is also bound by the General Data Protection Regulation form paragraph 1 of Article 16;
g) HDA will store collected data for two (2) years;
h) You hold the right to request from HDA access to and rectification or erasure of personal data or restriction of processing concerning you as well as the right to data portability;
i) You hold the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal; and
j) Collection of the personal data is a requirement necessary to enter into an agreement between you and HDA. You must provide the data in order to enter into an agreement, in an event of a failure to provide such data, the agreement will be unable to be entered into.
16.3 You hold the right to obtain information from HDA on the data that are obtained and processed by HDA on you. Data such as causes of the processing and categories of the personal data obtained.
16.4 You hold the right to obtain from HDA without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you must have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
16.5 You hold the right to obtain from HDA the erasure of personal data concerning you without undue delay.
17.1 HDA makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. HDA makes no guarantee of any specific results from the use of our Service or Services.
17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
17.4 Whilst HDA use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
18. Changes to the Facilities and these Terms and Conditions
HDA reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If HDA is required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
19. Availability of the Website
19.1 The Website is provided “as is” and on an “as available” basis. HDA uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. HDA gives no warranty that the Website or Facilities will be free of defects and / or faults and HDA does not provide any kind of refund for outages. HDA provides no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
19.2 HDA accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
20.1 To the maximum extent permitted by law, HDA accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
20.2 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and must not affect the validity and enforceability of the remaining Terms and Conditions. This term must apply only within jurisdictions where a particular term is illegal.
21. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this must not be construed as a waiver of that right or remedy.
22. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions must prevail unless it is expressly stated otherwise.
23. Third Party Rights
Nothing in these Terms and Conditions must confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and HDA.
24.1 Any demand or notice to be served upon HDA must be delivered by hand or sent by pre-paid first class post to HDA’s Office or by email to firstname.lastname@example.org. Any demand or notice delivered by hand must be deemed to have been received at the time the notice is left at the proper address. Any demand or notice sent by pre-paid first-class post or other next working day delivery service must be deemed to have been received at the opening of business on the second Business Day following the day on which it was posted, unless sent by international mail in which it events it must be deemed to have been received at the opening of business on the third Business Day following the day on which it was posted. The day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
24.2 This article does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
24.3 HDA may from time to time, if you opt to receive it, send you information about HDA’s products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from HDA.
25. Law and Jurisdiction
These Terms and Conditions and the relationship between you and HDA Rockcellence Ltd. must be governed by and construed in accordance with the Law of the Republic of Slovenia and HDA and you agree to submit to the exclusive jurisdiction of the Courts of the Republic of Slovenia.
26. Final provision
This Terms and Conditions were adopted by the Directors of the HDA, on the 19th day of April 2020.